To benefit from an indication

This decision provides important insight into your property law. Here is what it changes for you.

The situation

To benefit from a geographical indication protecting an industrial or artisanal product, the conditions of production or processing of that product must comply with a product specification which, under Articles L. 721-2 and L. 721-7 of the Intellectual Property Code, must specify the delimitation of the geographical area or the specified place associated with the geographical indication, to which can essentially be attributed a specific quality, reputation or other characteristics of that product. As this product specification must be approved by decision of the Director General of the National Institute of Industrial Property (INPI), it is therefore within his powers to reject, prior to any public inquiry and consultation, an application for approval of an incomplete product specification. A product specification is incomplete where it associates, in its name, a product with a town in France but designates, as the geographical area, the entire national territory, so that the product is in reality not associated with any geographical area or specified place

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals.
• Keep all your supporting documents (title deeds, instruments, correspondence).
• Plan ahead: preventive advice is always cheaper than litigation.

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.